The New York Herald Newspaper, May 7, 1874, Page 7

- Maprip, May 6, 1874. ‘Maranal Serrano arrived in this city at one o'clock this afternoon, and was received with reat enthusiasm, Four triumphal arches were erected in the streets and the houses were gayly Mecked with flags, Alarge number of rewards to the military are published, COMMAND OF THE AEMY OF THE NORTH. General Manuel Concha has been appointed ‘General-in-Onief of the Republican Army of the North, The Republican army is marching on Duraugo. ‘General Concha, with his command, was to leave Bilbao to-day. ‘WHAT THE BOURBONIST FIRE ACCOMPLISHED IN BILBAO. Doring the bombardment of Bilbao by the Carlists 150 citizens were killed and wounded by the shells which fell in the city. @POSITION AND CONDITION OF THE CARLIST TROOPS. Bodies of Carlists are reported at Amezcoa and Eatelia, It.is asserted that General Elio has arrested four ‘Carlist brigadiers for treason. It ts also said that Don Carlos will shortly issue ‘@ new proclamation to his troops, BOURBONISTS IN BATTLE AND ROUTED. A body of Carlists were defeated in Valencia to- day, and lorty of their number Killed, THE STEAMSHIP OHIO. * The Vessel Uninjured—Ready to Sail. LIVERPOOL, May 6, 1874, ‘The reports concerning the steamship Ohio were ‘greatly exaggerated. The steamer is uninjured. She will sail from Liverpool on her regular day. Report of the Managers in Philadelphia. PHILADELPHIA, May 6, 1874. ‘The managers of the American Steamship Com. any have received advices from their agents in Liverpool to-day which show that the telegrams in reference to the Ohio from Queenstown and Liverpool were exaggerations. The fires below deck were speedily extinguished ; the ship was not -at all damaged, and the injury done to the cargo amounts to nothing. The Ohio will leave Liver- ,poolupon the day previously advertised jor her ~departure. ENGLAND. “The Minera’ Strike—Its Cost and Consequences— Popular Plan for Church Disestabliah- ment—An American Diplomatist Presented at Court, Lonpon, May 6, 1874. Strikes of miners, in addition to those before re- ‘ported, are announced. The prices of coal and iron ‘have advanced in consequence of the strikes, ‘There seems no prospect of a settlement of the “strikes at the Durham collieries. Seventy thousand -miners and laborers are now out of employmeat and great distress prevails among them. Many are preparing to emigrate. CHUROH DISESTABLISHMENT IN A POPULAR POINT OF VIEW. Ameeting was held to-night of those favoring ‘the disestablianment of the English Church. Pro- fessor Goldwin Smith presided. In his address he advocated the application of the Church endow- -ments to the relief of the poor and the promotion “of education. BX-MINISTER SICKLES AT COURT. General Sickles was presented to the Queen Just /Previous to his departure for the United States. THE ENGLISH TURF. “The Race for the Guineas at Newmarket Won by Atiantio—Twelve Horses in the Field—The Betting. Lonpon, May 6, 1874. Atthe Newmarket First Spring Meeting to-day -the race for the Two Thousand Guineas Stakes was ‘won by Atlantic. Reverberation was second and Ecossais third, THE BETTING. ‘The last betting was 7 to1 against Atlantic, 12 tO 1 against Reverberation, and 7 to4 against ‘Ecoasais. Twelve ran. The following 1s a summary of THE RACE, The Two Thousand Guineas Stakes, a subscrip- rtion of 100 sovs. each, half forfeit, for three-year- olds; colts, 8 st. 10 Ibs.; fillies, 8st. 5 lba.; the owner of the second horse to receive 200 sovs. oat Ol the stakes, and the third to save his stake;1 Tmile 17 yards. (Seventy-eight subscribers.) Lord Falmouth’s ch. c. Atlantic, by Thormanby, OUE Of HUTTICANC,......22+-.eeeeeresscecrereees 1 Colone) Carleton’s ch. c. ear et by Thunderbolt, out of Golden Horn, by Hark- 8 Mr. Lefevre’s ch. c. Ecossals, by Blair Athol, out of Margery Da’ PREVIOUS PERFORMANCES OF THE WINNER. Atlantic started five times last year, winning twice, the first the Ham Produce Stakes of £600, six furiongs, and the Buckingham (Post Produce) Stakes of £000, 5 furlongs 140 yards. He was «second for the Convivial Stakes, Atlantic also ran in the Pendergrast Stakes; but was not placed. In the Glasgow Stakes he ran second to Minister. THE HOLY LAND. Progress of the American Topographical and Exploration Expedition—Sncow Storm at Mount Sinai. LONDON, May 6, 1874. The American Oriental Topographical Corps, now dn the Holy Land, haye reached Jerusalem after making very sacceasful explorations in the vicinity -of Mount Sinat. They report, a8 s very remarkable fact, that ‘they were detained two days by a heavy snow ‘storm about Mount Sina. The expedition will leave soon for Bashan and -Moab, CUBA. ‘General Portillo Relieved of His Command— Summary Execution of Rowdies. Havana, May 6, 1874, Captain General Concha has issued a decree ordering the formation of eignt battalions of Colored militia, COMMAND AT PUERTO PRINCIPE. General of Artillery Cayetano Figueroa left yes- ‘terday for Puerto Principe to relieve General Portillo of his command. ROWDIES EXECUTED. Four prominent bad churacters, who offered armed resistance to the gendarmes, have been tried by court martial, and two of them were shot this morning. CONVICTED OF MURDER. QUEBEC, May 6, 1874, George Smith, of New York, tried for the mur- Ger of Patrick O’Brien, at Drolet’s tavern, St. Foy’s road, on the 7th of February last, has been found guiity of murder, but recommended to the mercy Of the Court. The prisoner's counsel, in his address to the jury, maintained that they should bring in verdict of manslaughter, and not of murder, as there was no premeditation of the act at homicide. PERSONAL INTELLIGENCE. Alexandre Dumas is in Naples, State Senator D. P. Wood, of Syracuse, is at the Fifth Avenue Hotel. Bensoa J. Lossing is among the recent arrivais at the Coleman House, Bisbop Field, of Newfoundiand, has apartmen: at the Clarendon Avtel. , Chancellor John V. L, Pruyn, of Albany, is regis- tered at the Brevoort House, Colonel G. W. Patton, United States Army, is quartered at the Coleman House, Rear Admiral W. E. LeRoy, United States Navy, 1s residing at the New York Hotel. Washington McLean, of the Cincinnati Enquirer, is staying at the Fifth Avenue Hotel. Ex-Governor Ambrose E, Burnside, of Rhode Island, 1s again at the Filth Avenue Hotel, Senator John H. Micchell, of Oregon, arrived from Washington yesterday at the Gilsey House. George W. Miller. formerly Superintendent of the New York Insurance Department, is stopping at the Filth Avenue Hotel. Prince Leopold, Queen Victoris’s youngest son, has become a Vice President of the New Shakes- peare Society of London, A collector of taxes at Messina, Sicily, was lately shot through the head by a man who entered his oMice and said, “Die, with your taxes,” A Belgian journal states that the marriage of the Princess Louise with Prince Ferdinand of Saxony will take place at the end of August next, Alexander Stephens calls Ben. Hill, of Georgia, a “Carmagnole,” and a Georgia editor advises Ben, to retaliate by calling “Aleck” a “ Hidering.” King Victor Emmanuel, of Italy, has written to Marshal MacMahon approving of the appointment of the Marquis de Noailles as French Ambassador to Rome. Count Paar has delivered to the Pope the reply of the Austrian Emperor, which intimates that ghe Kaiser will accept the confessional laws if Passed by Parliament. The continental journals report the arrival at Verona, irom Florence, of the Prince de Hohenzol- lern, whose candidature for the throne of Spain was the pretext (or the war of 1870-71. The last smart old man lives in Augusta county, Virginia. He is ninety-nine years of age, and made his own coffin the other day. He will proba- bly live to 100, and attend his own cremation, The Bishop of Nancy has been summoned to Paris. The reason of the call appears to be con- nected with the late incidents which led to that prelate’s being taken before the German legal autnorities, Governor J. Pope Hennessy, in his speech to the Bahama Parliament at the close of the session, took occasion to express his admiration of “the splendid services rendered to the British Empire by the late Prime Minister, Mr. Gladstone.” George Cruikshank, the veteran artist, lately de- livered & temperance address in Manchester, England, Init he referred to his relations with Charles Dickens, who, he said, was always opposed to teetotalers and usually described them as “ola hogs.”” Marshal Serrano’s secretary is credited with being the most Spanish of Spanish reporters, In order to enlighten the Madrid government, re- cently, touching the condition of affairs in the war district, he telegraphed :—“Bad times continue in the North.”” A person claiming to be Minister Marshall Jewell’s son has been living very handsomely lately in various parts of England and Ireland, and several tradesmen have sent their bills to St. Petersburg. Mr. Jewell’s reply to the communi- cations was that he has no son. Dr. Heuzen, of the German Archwological So- clety at Rome, in @ recent séance translated an inscription found on & stone in the Forum Roma- num, which tends to show that republicanism must have been in high favor at the time it was inscribed. It reads as follows:—“To the annihbi- lator of tyrants and the author of public safety, to our constant and felicitous Lord Arcadia Augus- tus, has erected this, Albinus, Prefect of the Towns.” THE OHIEF JUSTICE. Jadge Waite in Richmond—He Creates a Favorable Impression on the Vir- ginia Bar—Courtesies Extendea Him— His Fatare Movements. RicuMonp, Va., May 6, 1874, Chief Justice Waite arrived here yesterday and to-day held his first session in the old circuit of his distinguished predecessor. Judge Bond, the regu- lar Circuit Judge, sat with the Chief Justice, and some unimportant cases were passed upon. Judge Waite created a very favorable impression among the members of the Virginia Bar practising in the weenie Court, as well as amoung the spectators present. The session was a short one, and after the ad- journment of the Court the Chief Justice was cailed upon by nearly all the leading lawyers of the city and by a large number of the best citizens here, Those who were familiar witu Mr. Chase consider Judge Waite a good choice asthe suc- cessor Of that great and eminent jurist. Judge Waite will remain here for three or four days, after which he will probably proceed South to hol court at other points in his circuit. AMUSEMENTS. EERE EY Metropolitan Theatre. A new bill has been presentea at this popular variety theatre this week, in which a large com- pany appear. Last night the house was crowded, and the two principal features of the bill were warmly received. They were a new local sketch called “The Rounder,” abounding in clever and timely hits at politics, police affairs and temper- ance crusaders, and a burlesque on ‘ Under the Gaslight.”’ In the former sketch Sam Rickey gave @ very funny illustration of a model police judge and Mise Jenny Hughes a clever, dashing and rol- lcking view of one of the “boys” for which Gotham is famed. She also introduced many new songs, in which she Was repeatedly encored. Ketchum appeared as a sort of modern “Mose,” or rather as one of those rough spoken characters that make politics a special profession, The sketch made an unmistakable success. Ned Fox as Laura Courtland in ‘Under the Gaslight” pro- yoked the merriment of the audience to almost vutton-bursting extent. Musical and Dramatic Notes. Mme. Christine Nilsson sailed for Europe yester- day. Niemann and Betz sing in Wagner’s Trilogy next year at Batreath. Mrs. Otiver, the eminent soprano of Grace church, sails for Europe to-day. “La Vie Parisienne” was given in German last night at Neuendorff’s Germania Theatre. Theodore Thomas commences his summer nights’ concerts at Central Park Garden on the 13th inst. Di Murska and Tom Karl sing at the thirteenth concert at the Grand Opera House on Sunday evening. Rabinstein and Von Bulow, the two greatest of living pianists, are at present in St, Peteraburg, giving concerts, The ascent of Mont Blanc is the latest comedy sensation at the Haymarket, London, Buckstone will be the chiet climber, Carl Rosa proposes to found a ‘Parepa-Rosa scholarship” in this city ior the purpose of edu- cating American prime donne in Italy. They have abandoned the idea of bringing out “AYda” this year in Berlin, after making such a fuss over it, Wedo things better here. Mr. Rul!man proposes to bring out a dozen operas during the Di Murska season at the Stadt Theatre, commencing with “Robert” and finishing with «The Flying Dutchman,” When Teresa Tietjens dies Beethoven's “Fidelio” wilt probably disappear from the operatic boards at the same time, as she will leave no worthy suc- cessor in the dle behind her. Mie. Ostava Torriani, a prima donna on whose shoulders tell @ very large share of the lyric labors of the Strakosch season, takes a benefit at the Stadt Theatre on Sanday night. A very interesting matinée performance will be given this aiternoon atthe Lyceum Theatre for the benefit of Mrs. Potter, at which an eminent vocalist, Miss Eliza Brophy, will appear. Aremarkable season of German opera will be inaugurated this evening at the Stadt Theatre, Mule. Ilma di Mutska being the principal star. The initial opera will be “Robert der Teufel” The grave and sedate Austrians became frantic over Patti and received her “An der Wien" with cheers and yells. There’s a good chance of an eariy visit irom the little “Diva” to this city. _ CONNECTICUT STATE CAPITAL. Insuguration of Governor Ingersoll for a@ Second Term—Old Time Ceremonies— Organization of the Legislature-The Governor's Message—State Statistics. New Haven, May 6, 1874, The inauguration of Governor Ingersoll for & second term took piace in this city to-day, and the event was attended by the old time ceremony and display. The entire National Guard of the State, together with the Governor's Horse and Foot Guards and many inde- pendent military companies and the New Haven Fire Department, joined in the escort which accompanied the Governor elect, irom his rest- Gence about the city, and thence to the State House, where he took the oath of office, and then sent his message to the two houses of the Legis- lature, which were in joint convention, A large assemblage of people was present, the sne weather and the fact that it was to be the last occasion of the kind to oc cur in New Haven being the attractions. At ten o’clock in the forenoon both houses of the Legislature assembied and the House was called to order, in accordance with immemorial custom, by Dr. George Taylor, of New Milford, and AN ORGANIZATION WAS EFFECTED election of Tuton E, Doolittle, of New Haven, Speaker, and E, 4H. Hyde, of Stafford, and Conrad Bacon, of Middletown, Clerk. The Senate organized by electing Senator Luyon B. Morris, of New Haven, President pro tem., and Samuel A. York, of the New Haven Register, Clerk. In the after- noon Lieutenant Governor Sill was sworn in. Both he and Speaker Doolittle, in making respon- sive remarks, earvestly advised careful and non- Partisan legislation. THE GOVRRNOR’S MESSAGE. The Governor opens his message with a refer- ence to financial matters and the panic o! last fall, which he deems to have resulted from a stratni of credit to its utmest limit, to extravagance o} expenditure, profigate living and a parade of meretricious wealth, and he concludes that the only escape irom further evils is by the restoration of the constitutional currenoy. The fiscal condition of the State is represented as satisfactory. The State debt at the close of the war was $10,000,000 and now it is a trifle over $5,000,000, The past year it has been reduced $207,310 and there are now on hand $863,988. Tne grand list of the State is $354,009,707 and the revenue collected the past year was $1,702,427. The savings banks have On deposit $70,469,407, and their depositors number 204,741. The Governor criticises. the method of doing business by the savings banks, which he says 18 more like that of the trust com- panies, and advises that they be made to operate as trustees, There are 22 raflroads in the State, having 1,107 miles of road, an increase 01 28 miles, and there have been curried 10,542,821 passengers, In the educational department he reports 123,386 children attending schools, and the number of schools 1,648. The receipts for schools were $1,542,489, and the school fund amounts to $2,044,190. ‘The Governor recommends the appointment of @ State Cenntenial Commission, suggests the pertinency of an inquiry with a view of reducing expenditures, reters to the recent disclosures made at Washington in the revenue branch of the government and speaks of the demoralizing character of some of the methods adopted by the general government in the collection of the revenue, advises the calling of a constitutional convention and closes with a few words on the necessity of guarding the rights and powers of the State and local institutions, cally attention to the condition of South Carolina and Louisiana as an evidence of the result of ignoring the imfuence of the centralizing tendencies of the general government. THE INDIANA ELECTIONS, INDIANAPOLIS, May 6, 1874. The election here yesterday resulted in the com- plete triumph of the democrats, through the aid of the Liquor Dealers’ Association. The Council Stands sixteen democrats to ten re- publicans, The temperance issue was the main question in most of the smaller cities. Temperance tickets were elected in Crawfordsville, Goshen, Wabash and Anderson, The anti-temperance ticket carried Angola, Mun- cie, Waterloo, Jeffersonville ana Peru. In towns where politics had sway the republicans won de- cided victories—in Madison, Bloomington and Logansport; while the democrats carried Auburn, by the ‘THE ARKANSAS ANARCHY, Unexpected Escape of the Ab- ducted Judges. THEIR REPORT TO THE HERALD. ALLEGED ORDER OF ASSASSINATION A Lieutenant of Baxter’s Forces Liberates Them, CHEERED AT THE CAPITAL. Convening of the Supreme Court and Hearing of Counsel for Brooks, LitTLs Roox, May 6, 1874, ‘The Judges, Bennett and Searle, who were cap- tured on Sunday night last at Argenta, have both esesped and are now safe in the State House. From the statement of Lieutenant Somernhill, of Baxter's forces, and others, I glean the following tacts:— SOMBRHILL’S STORY, Captain Wiliams and Lieutenant Somerhill were in command of the capturing party, They took their prisoners across the river to the city and stopped on Cumberland street, inside 01 Baxter's lines. Thence they were conducted to St. John’s College, where they passed the night of the 3d. All this was done under orders from General Biocher. Early next morning the Judges were re- moved to an old field beyond the college, and the captors there waited for further orders, Blocher’s Adjutant General, Watkins, soon rode up and took charge of the party, which consisted then of the Judges, Watkins, Williams, Somerhill and six men, They then moved on to Creese Place, fourteen miles from town, where orders were received to hurry on. About four miles from there they met General Urawford, who had twenty men with him and who turned over the whole command to Somernill. THE ALLEGED PLOT OF ASSASSINATION, They rode on to Benton, the county seat of Saline county, where they arrived at two o’clock on the morning of the 5th. Bennett and Searle, with their guards, were quartered at the hotel and were well treated. Parties who came in from Little Rock told Somerhill that orders were made out and on the way for them to Make away with the Judges, In Arkansas this term means assassination. Somertill made Up his mind that it should not be done. He told Bennett about it, and stated that he was not going to allow any such thing, and if they would trust him he would save them, and if it cost him his life he would take them to Little Rock. THE ESOAPE. He gave Bennett and Searle pistols, and the three managed to slip away, this being an easy matter, 4s Somerhill was in command of the party. Thomp- son, Sheriff of the county, accompanied them out of the town for four miles on the road to Little Fort Wayne and Richmond. Lafayette is un- ol THE MISSISSIPPI FLOODS, Acknowledgment of Relief from the Mayor of New Orleans—The Extent aud Destructiveness of the Flood. Boston, Mass., May 6, 1874, Under date of May 1 Mayor Wiltz, of New Orleans, writes to Mayor Cobb that he has drawn twice ($10,000 each time) on Boston’s contribution for the sufferers by the inundation and says:— “Your people are strangers to ours in the submerged regions, separated by almost the breadth of the Republic and so far apart that the rising sun gilds your steeples, domes and monuments hours before we see it; so far apart that while thick snows mantle your hills the flowers are blooming here in the open air. But magnanimous Boston gives us new proof that her true philanthropy ignores latitudes and distances a well as races, recognizing first the claims of a common humanity. The extent and destructiveness of the flood in this wide, flat, alluvial country are greater than represented in my first telegram. The duration of the destruction and distress cannot be foretold. Very great suffering to many thousands cannot be prevented, but I hope that the timely help of the general government, the generous aid of the Cities of the Republic and our own active and zealous, labors of reel may prevent any great loss of ilie. Crevasses Closed—Condition of the Crops. New ORLEANS, May 6, 1874. All the crevasses in Plaquemine parish are closed. The work of replanting rice has commenced. The sugar cane in the inundated parishes has not been entirely ruined. The Signal Office Report. WASHINGTON, May 6, 1874. The Signal Office reports that during the past twenty-four hours the Mississippi has continued falling at St. Paul and Davenport, risen one inch at La Crosse and Keokuk and thirteen inches at St. Louis; fallen slightly at Memphis and Vicks- burg, risen five inches at Helena and remained stationary at Cairo and New Orleans. ‘The Missouri has fallen steadily throughout its entire course, the greatest fall being nineteen inches, at Leavenworth, The Ohto has risen three inches at Pittsourg and fallen thence to its mouth, the fall at Cinctnnatt being forty-four inches and at Louisville fourteen. The Red River has jailen three inches at Shreve- port, the Arkansas nine inches at Little Rock and the Cumberland forty inches at Nashville. The Aiegnssy and Monongahela have both fallen al y. ‘he rise at St. Louis, Pittsburg and Helena is probably due to yesterday’s rain. During the same period there has been no rainfall reported at the ahs within the water sheds of the rivers named. COTTON EXCHANGES CONVENTION. Resolutions of the New Orleans Cotton Exchange. New ORLEANS, May 6, 1874, The following preamble and resolutions calling @ convention of cotton exchanges were adopted this | evening at a‘meeting of the Directors of the New Orleans Cotton Exchange :— Whereas, One of the chief objects for the establish- ment and maintenance of a cotton exchange is to ace quire, preserve and disseminate information connected with ‘the cotton trade, and it being destrable in pro- motion of this object that a more enlightened and sys- tematic method than at present is in vogue here or else- where sbould be ad ‘and, in the opinion ot this in manner, me and information obtained for the benefit of the cotton trade in general should be made by and with the advice and consent of all parties interested : thereiore, Be it resolved, That we do cordially invite cach and every Votton Exchange througnout the country to seud Tepresentatives to the city ot Augusta, Georgia, on the id or June, 1874 there to meet delegates trom this Exchange, all of whom together shall form & convention whose business it shail to adopt such measures and recommendations @§ to them shall seem best for obtaining prompt and thor- oughly reliable information upon all points affecting the | cotton interests which are not suiiciently elucidated, and for the general improvement of the present system of tntormation and statistics. Resolved, That we recommend each institution to send Ag representatives their Superintendent, the Chairman of the Commitice on stat! § and Information and a member additional who shail te chosen tor his capaci and ability im dealing with questions to arise, and that an invitation be and is hereby extended te the com- mercial news deparcments of telegraph companies to attend In the capacity of representatives and members ot the convention, John Phelps, Esq., President; H. G, Hester, Esq., Superintenaent; and Harrison Watts, Esq, Uhair. man of Committee on Statistics and Intormation, Rock. Meantime, as telegraphed last night, Bennett's son received @ note at one o'clock last evening irom his father, dated at Benton. 4 MIDNIGHT RENCONTRE, Colonel Rose, at eleven o'clock, sent out a squad of fifteen mounted infantry, in command of Lieu- tenant Morrison, after the Judges to release them. About twelve miles from town they met the Judges and Somerhill coming in. They halted them, it being dark, and held a parley, asking who they were. Bennett, who was riding behind, thought they were Baxter’s men, and, sliding from his horse, took to the woods. Searle and Somer- hill called after him, but got no answer. SEARCH FOR BENNETT, The whole party tried to find him, but were com- pelled to give it up, and came to town. Searle looked tired and worn out. The Baxterites had the roads picketed, and were out all the morning looking for Bennett. MEETING OF THE SUPREME COURT. The Supreme Court met at eleven A. M., Chief Justice McClure, Judges Searle and Stephenson on the bench. A quorum being present, the suit of Brooks va. Pages, State Treasurer, came up. ARRIVAL OF JUDGE BENNETT, While the proceedings were in progress the regulars, who had been out all the morning look- ing for Bennett and to prevent his recapture, came upon him eight miles from town, mounted Lim on @ horse and brought him to the State House, where he arrived at about two o’clock and was received with hearty cheers, THE ATTORNEY GENERAL'S ACTION. The Attorney General for the State, upon the opening of the Court, filed his bref, stating that he did so on the authority of the decisions in the cases of the State against Baxter in quo warranto, and Wheeler against Berry, decided by the sSu- preme Court. General Garitt, of counsel for Brooks, spoke as follows:— ADDRESS OF BROOKS’ COUNSEL. We apply for @ mandamus on petition. There is an armed insurrection against the laws of the State. Brooks, as Governor, has called out the militia to suppress the same, and has drawn his warrant, as provided by statute, for $1,000. The Auditor has issued his warrant on the Treasurer and that oficial has refused to issue thereon, JOHNSONIZATION, The defendant sets up that Joseph Brooks is not Governor; that Baxter was returned Governor, and was so declared by the presiding officer of the Senate; in fact, is Governor. We admit that Bax- ter was returned by the proper oficer as Governor and was declared Governor by the said officer; but we deny his election and allege that Brooks was elected. The returns were fraudulently doctored up and Johnsonized by J. M. Johnson, then Secretary of State. The Circuit Court had adjudged that Brooks nad been elected and was entitled to the office, and that Baxter should be ousted therefrom. After this Brooks took the oath of office anda seized poases- sion, and is now in possession, of the office and the great seal. He has performed the duties of Gov- ernor, ANSWER TO THE DEMURRAR, To this reply the defendant demurs, but under the constitution the Circuit Court has tne original jurisdiction of all civil cases, and theretore had the might to hear and determine cases upon quo war- Tanto in elections, The constitution of 1868 amrms the above. The code of practice passed since then provides that in leu of quo warranto either the State or the party agarieved may bring suit to put @ usurper out and place a rightfui person in charge Of anoffice. From this form of action they cannot Vake away jurisdiction. CONSTITUTIONAL PROVISIONS. This Court—t. ¢,, the Supreme Court—has de- were spemnen delegates, Prior to the above action letters were received trom other exchapyes, offering Co-operation in the movement, , ‘cided that any party has the right to bring this action, notwithstanding that the Attorney General might refuse or the Court deny such party the Writ in quo warranto. It is claimed by the defenaant that the provision in the constitution that con- tested elections shall be determined by both houses of the General Assembly in such @ manner 4s is or may be hereafter prescribed by law takes away the jurisdiction from the Circuit Court, MIXED JURISDICTION. This provision and the one before referred to must be construed together and taken ‘as cumu- lative remedies; that is, that both the Generai As- sembly and the courts retain jurisdiction, unless the words giving exclusive jurisdiction to one of the tribunals are there. Baxter, in the Circuit Court, appeared and demurred to its jurisdiction and was bound to submit to ‘the decision of the Court. Parties in Court have not the right to determine for themselves whether the Court tas jurtsuiction or not. The Court determines that itigants must submit to its jurisdiction. Brooks became the lawfal Governor, both de sacto and de fure, on the decision being rendered, and he qualified there- under. Baxter ceased to be Governor then, and all his acts since are null and void. We respect- fully submit that the demurrer to the replication be overruled and the mandamus awarded. 4N BARLY DROISION EXPECTED. The brief was submitted and the Coart adjourned to meet to-morrow, at ten o'clock, A decision is looked for at any time, and will, of course, Virtually decide who is Governor, STATEMENT OF BENNETT AND SEARLE, Lite Roox, Ark., May 6, 1874, To Tae EprroR oF THE HERALD:— After our capture on the train we were taken from the railroad platform at Argenta across the river in a skiff, and thence, after waiting for orders from the Baxter authorities to our captors, we Were taken to St. John’s College. We wanted to know of what crime we were guilty. Bennett commenced to write at the college a letter to Governor Baxter. Williams, on sccing me thus occupied, said :— “I suppose you would rather see Baxter himself. If you will come with me you shall see him.” He then took usin acontrary direction to that in which he intimated we should go to the out- skirts of the city, and kept us there till daylight. We then went back to the college and were soon put on horses, and, guarded by four horsemen under command of Watkins, we were taken outon the Benton road fourteen miles to the house of Mr, Roland. Here we breakfasted. That night Wat- kins told os that he had information that the United states troops were searching for us:to pro- cure our release, and he took uson. We asked to be shown the orders which he had. They were as follows:— TO ARMED GUARD ON BENTON Roap:— You will immediately remove your command and those you have in charge back towards Benton. WILLIAM A, CRAWFORD, Brigadier General, We started towards Benton and soon met a force commanded by Crawford, who took charge of Us and took us to Benton. We were taken to a hotel and treated kindly. We found the town guarded and picketed. The Sheriff of the county said that the county was not under martial law, and that he would, if we wished, get @& posse of citizens and put us on the train to Little Rock. We told him that we preferred to be released by the authority which arrested us, a8 we would endanger the lives and Property of citizens by attempting to assert our authority. Crawiord was not seen any more py us. Somerhill now had charge of us, and told us soon that he had orders from Blocker by telegraph saying he was to protect our personal Safety and lives to the fullest extent, provided he could do so and avoid a recapture or rescue; at all hazards he was not to let us be rescued alive. He told us that he had information that the federal troops and the Brooks troopa’ were on the way to Benton, and be had orders to move us; but when he did it would be with a view to release us. The Sheriff accompanied us out of the town a short way. Summerhill told the Sheriff that he was prepared to release us and assist us to reach the federal troops at Little Rock. We demanded arms as evidence of good faith. The demand was complied witn ard we then started for Little Rock. On arriving at Ten Mile Oreek, at two or three o’clock in the morning, we halted, hearing a mounted force coming toward us. Summerhill halted the command. Judge Bennett here took to the woods, not Knowing who the soldiers were. On arriving near the town Bennett was taken to the arsenal, dressed in a suit of blue, and then came into Little Rock. Bennett travelled through the woods all night towards Little Rock and stopped at & negro’s cabin at daylight. ‘The colored man guided him through the woods toa point within three miles of Little Rock, and he sent by him a note to Colonel Rose, asking him for an officer and guard to bring him into the federal lines. E. J. SEARLE, JOHN E, BENNETT. THE SITUATION IN LITTLE ROCK Violence and Bloodshed Momentarily Expected—Brooks’ Measures of De- fence—Rioting by His Partisans. LrtT# Rock, May 6, 1874, One hundred and sixty stand of arms loaned by Governor Baxter to the Industrial University, at Fayetteville, have been seized by Brooks’ ad- herents. MOB VIOLENCE BY BROOKS MEN. Last night party of five or six Brooks men pelted the house of General W. D. Blocken, a Bax- terite, on Centre street, with stones, breaking the glass in several windows. General Blockem was in the Baxter camp. His house 1s inside Brooks’ linea. ‘THE CAPITOL PARTY AFFLICTED WITH DISEASE. The measles and, it is reported, the smalipox also, has broken out in the Brooks camp. Une Heutenant died yesterday, and was buried to-day in the State House Grounds, with military honors. Baxter received one company of reinforcements to-night, BROOKS ERECTING EARTHWORKS, Matters are becoming more critical and compli- cated every day. The State House party have been engaged to-day in throwing up earthworks in he rear of the Benjamin Biock, just opposite the State House. HEAVY GUARDS MAINTAINED. ‘The same strictness as last night ts opserved ia, both camps. To-night double sentinels surround the State House and the Anthony House, and it is with some diMculty that citizena can pass. The Baxter side 18 confident that a quorum in each House of the General Assembly will be present on Monday, while the Brooks men declare that no quorum will meet. THE NANUET MURDER, Verdict of the Coroner’s Jury Againss Michael Murphy. The inquest in the case of the murder of Mrs. Matilda Hujus was concluded yesterday. The tes- tamony was very conclusive against the brothers Murphy, and the prosecutors were conse- quently jubilant. The first witness examined was Dagobert Hujug the husband of the murdered woman. He ghought the Marphy broth- era the only ones likely to commit a deed of that mature om bia wile, because she was er miles from Nanuet on the nignt of the ‘- ny within 30 ryard oss yards of the scene ry and direct!y after it had taken ny ‘gone Curtin testified to having com the imprea- sion of @ bodt in the soil, directly under window, with one of Michael's boots; he said boot exactly fitted the impression. The case was given to the jury at two o'clock P, M. and they returned a verdict at four o'clock. Their decision t# that Michael Murphy fired the charge that proved fatal to Mrs. Hujus, WAVAL INTELLIGENCE: The authorities a¢ the Brooklyn Navy Yard say there ig no truth in the report that the Swatara will not be sent to the South Pacific on account of her Isck of suMcient accommodations for the scientiNc corps who are to witness the transit of Venus from the islands of the Pacific. She will go into commission on next Monday, @ large force of "The slooporwar Shenandoah leit, the yard yes e Bloop-ol- war tetday for’ New London. She will be Ginmaniiod an up in ordinary, 1 Ash left the Charlestown (Mass.) Na’ Yard terday for New London, where she be laid Up for the summer. The Steamer Gettysburg at Havana. _ Havana, May 6, 1876, The United States war steamer Gettysburg leis this evening. ‘ THE CBUSADE RENEWED, & WILKESBARBS, Pa., May 6, 1874, The war against liquor broke out afresh to-day in this city, and over adozen hotels and saloons. were visited by the ladies, The:Luzerne, Exchange and Bristol, three of the principal hotels, were among the number visited, and their proprietors: treated the ladies with marked respect. At Bem Dilley’s hotel tne door was locked, and they were refused admittance, this being the 01 ar piace they were not permitted to enter.- The sale of lMquor was stopped while the ladies were in the houses, bear st Butzbach’s and Kern’s At both these places beer was passed over the counters and drank while prayer was being offered, and in Kera’e saloon the crusaders were jeered and Hoosed, when they attempted to sing the crowd started up a drinking song aud drowned their voices, THE SWING HERESY TRIAL CuicaGo, May 6, 1874, In:the Swing heresy trial to-day Shutelat test. fled to having written a public letter in 186% criticising one of Swing’s sermons,.and attack- ing five points of Calvinism a8 ule worthy an enlightened age; and that sub- sequently he had several conversations with Swing, im which the latter asserted that three of the five points had been abandoned by the Presbyterian Church, two of the three points: being, according to witness’ recollection, the doc- trine of total depravity and predestination. He was not sure about the doctrine of election being the third point. On cross-examination witness aie he could not name the five points of in and the examination of witnesses for the defeuce, ~ commenced, A leading elder in Professor 81 church, the first witness, testified to the sound ness of the doctrines preached by the accused. At the conclusion of his testimony the Presbytery: ism. c The testimony of the prosecntion here close@ adjourned until to-morrow, * 1 the indications point to a complete and fault acquittal of Professor Swing. Escape the Dread tdgers of Tab tion, by curing the cor that leads a At Sith HALES HONEY. F HOREHOUND AND The PIKE'S TOOTHACHE DROPS cure inane The Weekly Herald contains ail the news Only $2 per year. ‘Tho only Weekly Newspaper in America, Published every Thursday morning, " Contains the most reliable reports of AGRICULTURE, race t SPORTING, . ARTS, —Gosstr, “PasHIONS, “Warkets, “CATTLE, “HORSE, “FINANCIAL, DRY. GOODS, RELIGIOUA, r ““'0, a0 Also THE BEST STORY PAPER, Liberal arrangements to clubs of ten or twenty or more subscribers, Address NEW YORK HERALD, New York City. A.—Herald Branch Office, Brookiya corner Fulton avenue and Boorami street. - Open trom 8 A. too P.M. On Sunday from 3to9 P. M. A.—For s First Class Dress or, Businew HAT go direct to the manutacturer, ESPENSOHEID, 118 Nassau street. A. BROOKS! BOOTS and SHOES, the city. Established in 1843. corner of Twenty-ninth street. jest, mt owe ud pitiny bg A.—Summér Has Come. Gentlemen's stylos of HATS read’ lv. KNOX, 212 Broadway, corner Fulton.street. A.—The Permanent Cure of Ruptureby | ihe BLABTIO TRUSS, 098 Brossway: s9 comionaly Seay surely. has astounded the metal spring, finger pai iron hoop dealers, who find their occupation gone. A Handred Volumes have been written about the teeth, but one bottle of grant SOZODONT is worth them all. It isanenxir that | Wil Keep the enamel sound, brilliant and spotless « liteume. A Marvellous Cure of Neuralgia—Hon~._— orable Judge Lee, Camden, N. J., cured by Dr. FITLER'S + RHEUMATIC REMEDY. 13 Bond street, and druggists, FIL’ I . G. G. Smi \) Mie Y.. owes Unexpocied recovery to Dr. FITLEWS x A Sworn Cure for Neuralgia, Sciatica, Diabetis, female Weakne: Headacl Nervot sey Gout’ Paing Rhcumadon, Dr. FITLER'S REMEDY. Bond street. Send for pamphiet. SWING combined. Most ant ever introduced. For sale at 52 New York. Send for circular. and Delicious Tobacco is Sur ifal article, of the king East Thirteenth street, Stig ~ hin tear « A.—Baby Jumper, Perambulator an@ — § H ‘ 4 1 ; i ; i 4 1 A Pure BRUG'S GOLDEN SCEPTRE. Try it. 4 Batchelor’s Hair Dye is Splendid Never tails. Eat tablished $7 years. and: prope! applied at BATCHELOR'S Wig Factory, 16 Bond st. oe Cristadoro’s Hair D; iekly, fh lessly, Tendiates it imparts the most 7 Satordshades and is easily applied. Sold averywhere. £ Corns, Bunions, Enlarged Yoim alt. Diseases of the Feot, cured by Dr. 7 Voom square. For the Baby.—Novelty Cossiate | PERAMBULATORS, $8. Send for cirealar. LB TIBBALS, 512 Broadway, apposite St. Nicholas, i Astray—Oh, No; Not if You Buy Boote and SHOES trom MILLER & GO. Ne. 1S Uulod souater “Metrapole Champague.=Importera CT. 1 Senne Eescar Bark place, ; Notice. ! The finest quality Dry Charny “ Messrs. wont's”! BA IN, Epornay, thas DR CABINET. 1874. } J] } ANTHONY, ha 9 4 Sole Agent for the United y Rupture.—Dr. Marsh, of Many hy # wibaoe, Ih whe, tcontmene $f erala and mi jeformities, may be consulted at the we vi a ander A: He ‘al eney s a 9 connection with f ever . entablshment ‘the kind imthiscity, —_—_———— pane a Teper crt or vars ir Ws “, since May I Ana No. ob ast Thirteenth street _———$—<—$—$—— eee ‘Wedding Invitations, Elegant Styles, M . ror a Notaper Ore ‘proadway vevsabilshed eo. H BX’ New Yors, April Tae chee A lek yn Nara